Restrictions You Need To Know About Before Buying A Cottage

By Ann Smith, Broker

When looking to purchase cottage property, it’s imperative that you seek the services of a trusted Realtor. Do your homework – ensure a survey is completed before buying property and check the Ministry of Natural Resources Web site to see what else you need to know, apply for, or request. Here are a few areas you don’t want to miss.

Crown Land
The Public Land Act legislation details how these lands are to be administered. The Ministry of Natural Resources (MNR) claims 87% of Ontario land is Crown Land – owned by the provincial or federal governments. Crown Land includes the land under all waterways. As of 2009, Crown Land was no longer available for sale, only resale of previously purchased lots.

Many cottages, which have been in families for generations, encroach on Crown Land. When a sale occurs the encroachment issue must be addressed by MNR. It is advisable to seek legal help to determine the best course of action either as a seller or a purchaser of cottage land, especially if it borders Crown Land.

Restrictive Covenants
As the land owner, you may be legally obligated to do something to or be restricted from doing something with/to the property. These restrictions could involve land development, subdivision, erecting a boat house, putting up a clothesline, or deciding what can be parked where; e.g., RV’s.

Easements are right-of-ways over the property by other persons. The cottage land owner has servient tenement and cannot prevent another person, who has dominant tenement, from crossing the cottage property to get to their property.

The deed’s covenant must cover the easement; if it does not, there is no legal requirement that will restrict the use of your cottage land. Ensure the wording is clear to all parties so that access does not become a legal liability.

Shore Road Allowances
Shore Road Allowances are important to waterfront property owners. This allowance is a legal right in the form of a 66-foot strip of “road” adjacent to waterways. Once upon a time, older northerly cottages were only accessible by boat, thus public travelers were “allowed” access to cross a land owner’s property in order to get from the waterway to an inland road or trail.

Most of these roads were never developed per se. A land owner can apply to have the MNR close the road, but may find it expensive and to their detriment by way of narrowed frontage to the water, setback allowances, and environmental legislation, to name a few. The roads may have been maintained by MNR for wildlife and fish habitat preservation.

Kicking your feet back while listening to the loons cry in a dark sky night will make your due diligence worthwhile. Ahhhh...that’s the life!

Ann Smith, Broker
Your Real Estate Consultant…For Life! 

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